STATE v. BUTLER

No. 1091.

82 Ariz. 25 (1957)

307 P.2d 916

The STATE of Arizona, Appellee, v. Bennie Wallace BUTLER, Appellant.

Supreme Court of Arizona.

March 5, 1957.


Attorney(s) appearing for the Case

Mesch, Kemper & Jasper, and Bernard Weinstein, Tucson, for appellant.

Robert Morrison, Atty. Gen., M.J. Mirkin, Asst. Atty. Gen., Raul H. Castro, County Atty. of Pima County, and George B. Morse, Deputy County Atty., Tucson, for appellee.


UDALL, Chief Justice.

Bennie Wallace Butler, defendant-appellant, was informed against, tried, and convicted by a jury of the crime of grand theft, a felony (section 43-5501, A.C.A. 1939, now section 13-661, A.R.S.), and he appeals from the judgment of conviction thereon. Prior to trial the county attorney filed an amended information to include an allegation of a previous conviction of grand theft, which charge was admitted by defendant out of the presence of the...

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